Vous êtes sur la page 1sur 8


A 6657)
The following are the probable MIDTERM questions for Agrarian. I got these
questions from our Prof.s discussions on CARP. I have already provided the answers
but you might double check as well Hope this would help! GOD BLESS and GOOD
LUCK to us

1.) What are three key objectives of CARP? (CES or SEC)

CAPABILITY- it builds the capability of farmer- beneficiaries to manage
reformed lands productively by giving them the support services they
EQUITY- it establishes equity by democratizing control over the
countrys lands to a large section of a population and enabling them to
directly participate in nation-building.
SUSTAINABILITY- it promotes sustainability by incorporating the
ecosystem and stakeholder approaches to land use and management.
2.) What are those lands covered by the CARP?
In general, CARP covers all public and private agricultural lands
including lands of public domain suitable for agriculture regardless of
tenurial arrangement and commodity produced.
In particular, CARP covers the following lands:
(a.) All alienable and disposable lands of the public domain devoted
to or suitable for agriculture. No reclassification of forest or mineral
lands to agricultural land shall be undertaken until Congress shall
have determined, by law, the specific limits of the public domain.
(b.) All lands of the public domain in excess of the specific limits as
determined by Congress taking into account ecological
development and equity considerations;
(c.) All other lands owned by the Government devoted to or suitable
for agriculture;
(d.) All private lands devoted to or suitable for agriculture regardless
of the agricultural products raised or that can be raised thereon;
(e.) Landholdings subject to expropriation on acquisition by local
government units not actually, directly, and exclusively used for
non- agricultural purposes are subject if one or more of the
following conditions apply.
a. There is agricultural activity;
b. The land is suitable for agriculture; or
c. The land is presently occupied and tilled by the tenants.
3.) What is the time frame for the implementation of CARP?
Under R.A No. 9700, the acquisition and distribution of agricultural
lands under CARP shall be completed by June 30, 2014.

4.) What are the rules with regard to the retention limits under CARP?
The retention by the landowner shall in no case exceed five (5)
hectares; and
Three (3) hectares may be awarded to each child of the landowner,
subject to the following qualifications:
That he is at least 15 years of age;
That he is actually tilling the land or directly managing the farm.
5.) Who can choose the area to be retained?
The landowner can choose the area to be retained except that, in case
the area selected for retention by the landowner is tenanted, the
tenant shall have the option to choose whether to remain therein or be
a beneficiary in the same or another agricultural land with similar or
comparable features.
In case the tenant chooses to remain in the retained area, he
shall be considered a leaseholder and shall lose his right to be a
beneficiary under the Act.
In case the tenant chooses to be beneficiary in another
agricultural land, he loses his right as a leaseholder to the land
retained by the landowner.
Note: The tenant must exercise his option within a period of one year from the time
the landowner manifests his choice of the area for retention.
6.) What are the exceptions to the retention limits provided above?
Landowners whose lands have been covered by P.D. 27 shall be
allowed to keep the area originally retained by them;
Original homesteads grantees or their direct compulsory heirs who still
own the original homestead at the time of the approval of the law shall
retain the same areas as long as they continue to cultivate said
Provincial city and municipal government units acquiring private
agricultural lands by expropriation or other modes of acquisition to be
used for actual , direct and exclusive public purposes.
7.) What are those exemptions and exclusions from the coverage of CARP?
Under Sec. 10 of the Act, the following are exempt from the coverage
of the Act:
Lands actually, directly, and exclusively used and found to be
necessary for:
1. Parks, wildlife, forest reserves, and reforestation;
2. Fish sanctuaries and breeding grounds; and
3. Watersheds and mangroves.
Private lands actually, directly, and exclusively used for prawn
farms and fishponds;
Lands actually, directly, and exclusively used and found to be
necessary for:
1. National defense;

2. School sites and campuses, including experimental farm stations

operated by public or private schools, for educational purposes,
and seed and seedlings, research and pilot production centers;
3. Church sites and convents appurtenant thereto, mosque sites
and Islamic center appurtenant thereto;
4. Communal burial grounds and cemeteries;
5. Penal colonies and penal farms actually work by the inmates;
6. Government and private research and quarantine centers; and
All lands with 18% slope and over, except those already
Ancestral lands/ domains and retention areas granted to
8.) Why is timberland not covered by CARP?
Because timberland is an inalienable property of public domain.
9.) What is a Voluntary offer to sell? What are the benefits that the landowner
may acquire thereof? When is the deadline of such transfer?
A voluntary offer to sell is a transaction between the government and
the landowner where the latter voluntarily offers his landholding for
sale in favor of the former.
*Voluntary land transfer on the other hand, is the transaction between
the landowner and the beneficiary. Landowners may enter into direct
transfer of their lands to qualified beneficiaries subject to the following
All notices for voluntary land transfer must be submitted to the
DAR within the first year of the implementation of the CARP.
The terms and conditions of such transfer shall not be less
favorable to the transferee than those of the governments standing
offer to purchase from the landowner and resell to the beneficiaries,
if such offers have been made and fully known to both parties; and
The voluntary agreement shall include sanctions for noncompliance by either party and shall be duly recorded and its
implementation monitored by the DAR.
In such kind of land transfer, the landowner shall acquire the following
a. The transaction shall be exempted from the payment of capital tax
and other taxes and fees; and
b. The landowners, other than banks and other financial institutions,
who voluntarily offer their lands for sale, shall be entitled to an
additional 5% cash payment.
The Voluntary offer to sell should be exercised before July 1, 2009 or
until June 30, 2009 only.
What happens if the application for voluntary land transfer happens
after such date provided above?

The government cannot entertain such transfer and it would then be

treated as a Compulsory Land Acquisition.
How is just compensation determined? What are the modes of
compensation under the CARP?
In determining just compensation, the following shall be considered;
subject to the final decision of the proper court:
a. The cost of the acquisition of the land;
b. The current value of like properties;
c. Its nature;
d. Its actual use and income;
e. The sworn valuation by the owner;
f. The tax declarations;
g. The assessment made by the government assessors; and
h. 70% of the zonal valuation of the BIR translated into basic formula
by the DAR.
The social and economic benefits contributed by the farmers and the
farm workers and by the Government to the property as well as the
non payment of taxes or loans secured from any government financing
institution on the said land shall be considered as additional factors to
determine its valuation.


The modes of compensation under the CARP, in the option of the

landowner, are the following:
Cash payment under the following terms and conditions:
a. For lands above 50 hectare, insofar as the excess hectarage
is concerned- 25% cash, the balance to be paid in
governments financial instruments negotiable at any time.
b. For lands above 24 hectares and up to 50 hectares- 30%
cash, the balance to be paid in government5 financial
instruments negotiable at any time.
c. For lands 24 hectares and below- 35% cash, the balance to
be paid in government5 financial instruments negotiable at
any time.
Shares of stock in government-owned or controlled
corporations, LBP preferred shares, physical assets or other
qualified investments in accordance with guidelines set by the
Tax credits which can be used against any tax liability;
LBP bonds.
What are the qualifications of CARP beneficiaries?
All agrarian reform beneficiaries must be:
Landless as defined by R.A. No. 6657, as amended; (landlessfarmers or tillers who owned less than 3 hectares of agricultural
Filipino citizen;

Permanent resident of the barangay and/or municipality where
the landholding is located as provided under section 22 of R.A No.
6657, as amended.
At least 15 years of age of time of identification, screening and
selection of farmer- beneficiaries; and
Willing, able and equipped with the aptitude to cultivate and
make the land productive.
Note: For farm workers in commercial farms and plantations, in addition to No. 1
requirement above, the applicant must have been employed as of June 15, 1988 in
the landholding covered under CARP.

In the distribution of land property, who are prioritized?

The lands covered by CARP shall be distributed as much as possible to
landless residents of the same barangay, or in the absence thereof,
landless residents of the same municipality in the following order of
a. Agricultural lessees and share tenants;
b. Regular farmworkers;
c. Seasonal farmworkers;
d. Other farmworkers;
e. Actual tillers or occupants of public lands;
f. Collectives or cooperatives of the above beneficiaries; and
g. Others directly working on the land. (sec 22)

Note: Order of priority- A landholding of a landowner shall be distributed first to

qualified beneficiaries under Sec. 22 (a) and (b) of that same landholding up to a
maximum of three (3) hectares each. Only when these beneficiaries have all
received three hectares each, shall the remaining portion of the landholding, if any,
be distributed to other beneficiaries under sec.22 (c), (d), (e), (f), and (g).

What would the DAR issued to the beneficiaries under this Act?
The Certificate of Land Ownership Award (CLOA) if the beneficiaries
have not yet paid the full amount of compensation; or
Emancipation Patent if full compensation had been paid already. In
such case, a title would be issued under beneficiarys name.

Note: Pending full payment, the Certificate of Title is registered in the name of the
Republic of the Philippines.

When shall the right of beneficiaries commence?

From the issuance of CLOA or Emancipation Patent, if fully paid already.
Is Co-ownership under the CARP possible?
Yes, as in the case of collective ownership but subject to qualifications.
The beneficiaries may opt for collective ownership, such as co-workers or
farmers cooperative or some other form of collective organizations and
for the issuance of collective ownership titles. However, the total area that

may be awarded shall not exceed the total number of co-owners or

members of the cooperative or collective organization multiplied by the
award limit above prescribed (not exceeding 3 hectares), except in
meritorious cases as determined by the PARC. (sec 25)
When can a farmer beneficiary be declared in default of payment?
What is the legal remedy available?
When the farmer beneficiary was not able to pay in an aggregate of three
(3) annual amortization.
Foreclosure of the property.
Under the CARP, can awarded land be transferred or disposed?
Generally, NO. However such rule is subject to certain exceptions to wit:
a. Hereditary succession (intestate succession);
b. Or to the government;
c. Or to the LBP; or
d. To other qualified beneficiaries (but subject to the knowledge and
approval of DAR) for a period of ten years.
Note: The children or the spouse of the transferor shall have the right to re
purchase the land from the government or LBP within a period of two (2) years.
Who own those standing crops in an awarded land?
The landowner.
Who has the authority to fix the leasehold and the crop-sharing?
Is the decision of DAR appealable?
Yes, to the Special Agrarian Court.
Is the DARAB bound to strictly observe the rules of procedure of
No, but it could be observed in the Special Agrarian Court.
Note: the beneficiaries may be represented by their farm leader in the court.


What is the jurisdiction of DARAB?

Agrarian Dispute
What are functions of the support services?
The office of Support Services Office under DAR has been created by the
CARL of 1988. Headed by an Undersecretary, the Office provides general
support and coordinative services in the implementation of the CARP
particularly in the carrying out the provisions of the following services to
farmer-beneficiaries and affected landowners:
Irrigation facilities, specially second crop or dry season irrigation
Infrastructure development and public works projects in areas
and settlements that come under agrarian reform
Government subsidies for the use of irrigation facilities;
Price support and guaranty for all agricultural produce;

Extending to small landowners, farmers and farmers
organizations the necessary credit, like concessional and collateral-free
loans, agro-industrialization based on social collaterals like the
guarantees of farmers organization;
Promoting, developing and extending financial assistance to
small and medium-scale industries in agrarian reform areas;
Assigning sufficient numbers of agricultural extension workers to
farmers organization;
Undertake research, development and dissemination of
information on agrarian reform plants and crops best suited for
cultivation and marketing, and low-cost and ecologically sound farm
inputs and technologies to minimize reliance on expensive and
imported agricultural inputs;
Development of cooperative management skills through
intensive training;
Assistance in the identification of ready markets for agricultural
produce and training in other various aspects of marketing; and
Administration, operation, management and funding of support
services programs and projects including pilot projects and models
related to agrarian reform as developed by the DAR. (sec 35)
What are the functions of the Barangay Agrarian Reform Committee
The functions of BARC are the following:
Participate and give support to the implementation of the
programs on agrarian reform;
Mediate, conciliate or arbitrate agrarian conflicts and issues that
are brought to it for resolution; and
Perform such other functions that the PARC, its Executive
Committee, or the DAR Secretary may delegate to it from time to time
In addition to those provided above, the CARL of 1988 has given the BARC
the following functions:
Mediate and conciliate between parties involved in an agrarian
dispute including matters related to tenurial land financial
Assist in the identification of qualified beneficiaries and
landowners within the barangay;
Attest to the accuracy of the initial parcellary mapping of the
beneficiarys tillage;
Assist qualified beneficiaries in obtaining credit from lending
Assist in the initial determination of the value of lands;
(f.) Assist the DAR representative in the preparation of periodic reports on
the CARP implementation for submission to the DAR;
Coordinate the delivery of support services to the beneficiaries;

Performed such other functions that may be assigned by the
DAR. (sec 47)
Note: The BARC shall endeavor to mediate, conciliate and settle agrarian disputes
lodged before it within 30 days from its taking cognizance thereof. If after the lapse
of 30-day period, it is unable to settle the dispute, it shall issue a certification of its
proceedings and shall furnish a copy thereof upon the parties within seven (7) days
after the expiration of the 30-day period. All decisions of the BARC shall be final and
executor unless appealed to the Provincial Agrarian Reform Officer (PARO), within 10
days from receipt of the decision, by any party aggrieved thereby. The PARO, in
turn, shall render his decision on the appeal within 15 days from receipt of the
records of the case.

What are the procedures in acquiring property subject to CARP?

Based on my notes, the procedures are the following:
a. Identify the properties covered;
b. Issue Notice of Coverage (NOC);
c. Determine whether the landowner will voluntarily transfer the land or
contest to NOC; and
d. If Voluntary land transfer is not feasible, there will be compulsory



What is the procedure of compulsory acquisition under CARP?

Administrative process
What is the issue to be resolved in compulsory acquisition?
Based on my notes, it pertains to the amount of just compensation
determined in the hearing.
Where to file judicial review of DAR decision?
To the Court of Appeals or otherwise to the Supreme Court if Certiorari.
What is the mode of appeal?